Bonum Certa Men Certa

Software Patents Royalty (Tax) Campaign by IBM, a Serial Patent Bully, and the EPO's Participation in All This

The EPO continues to advocate software patents, even at the USPTO (post-Alice)

A typefiend



Summary: The agenda of US-based patent maximalists, including patent trolls and notorious bullies from the United States, is still being served by the 'European' Patent Office, which has already outsourced some of its work (e.g. translations, PR, surveillance) to the US

THE EPO has not changed under António Campinos. Only the face changed, not even the nationality. We generally try not to mix posts about the US with posts about Europe, but this one will be the exception because the EPO is going to the US again, as Battistelli used to do quite a lot (even hiring US-based PR firms, contracting US academics for preparation of his propaganda, setting up UPC propaganda events over there and so on).

"...the EPO is going to the US again, as Battistelli used to do quite a lot (even hiring US-based PR firms, contracting US academics for preparation of his propaganda, setting up UPC propaganda events over there and so on)."For those who don't know, the patent maximalists in the US have been hyping up some case known as Berkheimer, which we have written over a dozen articles about. In a nutshell, it's some old (almost half a year) Federal Circuit case that spoke about fact-finding or weight of evidence considered by the Patent Trial and Appeal Board (PTAB) when dealing with inter partes reviews (IPRs). As we explained right from the very start (publication of this decision), nothing but spin came out of it, courtesy of law firms with a selfish agenda. Yesterday even a European firm, Marks & Clerk (promoting software patents as usual) 'pulled a Berkheimer' even though the US Supreme Court (SCOTUS) pretty much said no to software patents. Remember that Marks & Clerk also supported policies of corrupt Battistelli and lobbied pretty hard for the UPC (it still does this). An article by Julian Asquith and Tobias Eriksson (Trainee Patent Attorney at Marks & Clerk) was published yesterday in Mondaq to say:

In summary, an examiner at the USPTO is now obliged to factually prove that any "additional features" of a claim are well-understood, routine, and conventional in order to support an "abstract idea" rejection. Hence, if a claim is novel and inventive, it should now be easier to show that it is also patent eligible (i.e. that it relates to patentable subject-matter).

It is widely acknowledged that the patenting of software-related inventions became more difficult in the US following the decision in 2014 of the US Supreme Court in decision known as "Alice" (Alice Corp. v. CLS Bank International).


It is still very difficult and several months down the line we know that Berkheimer has not changed anything concrete. It's barely even mentioned as a precedent; Berkheimer is just some "appeal to authority," routinely used by law firms to lie to the public, urging firms to still pursue patent applications (or lawsuits) on software. Sadly, we're seeing the 'new' EPO (of the new President) still doing what Battistelli used to do, basically aligning itself with the above liars. The EPO now works with software patents lobbyists like the Intellectual Property Owners Association (IPO) on an event in the US -- an event in which to promote software patents.

"...Berkheimer is just some "appeal to authority," routinely used by law firms to lie to the public, urging firms to still pursue patent applications (or lawsuits) on software."Hours ago the EPO wrote: "You can now register for the EPO’s Automotive and Mobility Seminar in Chicago, Illinois, on 26-27 September."

Yes, the EPO goes to Chicago to speak about "automotive innovations on CII and AI," two buzzwords that basically mean software patents. Here it is in the EPO's own words: (warning: epo.org link)

In plenary sessions you will learn about the latest developments at the EPO in areas including quality, timeliness and search. Patentability issues will be a key focus, particularly those arising from the increasing reliance of mobility and automotive innovations on CII and AI, as well as common difficulties for US applicants. Expert advice and hands-on claim drafting exercises will enable you to save time and money and increase first-time drafting success.

This high-level event is organised in close co-operation with the Intellectual Property Owners Association (IPO).


Got that? IPO and EPO work together now. For those who don't know or don't remember, IBM uses IPO to lobby against Alice (i.e. against the highest US court) while engaging in patent blackmail against many companies. Now there's this new example of IBM's blackmail campaign:

IBM is seeking $167m in compensation from Groupon, the e-commerce marketplace, over the alleged use of patented technology without authorisation.

The case is being heard at a federal court in Delaware where the jury is being asked to consider whether they agree with IBM’s contention that Groupon had employed IBM’s e-commerce technology without paying a license fee.

IBM contends that firms such as Amazon, Facebook and Alphabet are all said to make use of the same software, paying between $20 and $50m each for the right to do so but Groupon has challenged this analysis, arguing that the computer manufacturer is overreaching the scope of its patents.


This was covered in many other news sites today, e.g. [1, 2, 3, 4]. The real face of IBM isn't what many are led to believe.

"The bottom line is, the EPO now works with a front group that works closely with IBM for software patenting. It is generally not a good sign and it's happening weeks after Campinos took over the Office."The reason PTAB receives many IPRs against IBM patents is that IBM does much of the blackmail behind closed doors, as does Microsoft. They rely mostly on software patents, which are bunk. PTAB almost always invalidates these. All software patents should be voided after Alice, but they can only do this one patent at a time, based on a detailed (re)assessment.

The bottom line is, the EPO now works with a front group that works closely with IBM for software patenting. It is generally not a good sign and it's happening weeks after Campinos took over the Office. ⬆

Recent Techrights' Posts

Contemptuous Law Firm Accusing Others of Contempt of Court
Keeping a running tally can help
Links 10/10/2026: Let's Encrypt Making Changes (Problem for Small Sites/Operations), Quartz is Officially a Slopfarm (Busted)
Links for the day
Brigading Against Women - Part XXV - No Anonymity for People Who Did Illegal Things
"Empathy is the sunlight to the vampire of culture."
Links 09/10/2026: Stranded Busan Shark Still a 'Circus', Endangered Monkey Rescued, BBC Shells Out Money
Links for the day
 
Gemini Links 10/10/2026: Radio Romania International, Avoiding GAFAM, Open Camera, and Another Palm
Links for the day
The 2026 Slop Prediction (Slopfarms Perishing)
Morality in the "digital world" has deteriorated profoundly
netsplit.de (Survey of IRC Networks and History) Only Partly Functional This Month
Get well soon, netsplit.de
Microsoft Cuts
GAFAM enshittification
NVIDIA Acts Like It Cannot Pay Salaries (Too Many Obligations, Sales in Circular Financing, or Basically Accounting Fraud)
Masters of acting as clients of themselves
Paying for elections, Reform UK illegal confession in High Court
Reprinted with permission from Daniel Pocock
Microsoft Abuses PERM and Lays Off Workers in India
The US government has made it easier for Microsoft to hide the mass layoffs
The GAFAM Elections in the United States
If the election is run by platforms that have back doors "baked-in" and if the communications are overseen by GAFAM, you would not have to be a "nutty MAGAt" to dispute the outcome
More GAFAM Layoffs (Late on Friday Night)
They say they are worth trillions, but they don't even make money
Male-Dominated EPO Fails to Have "Concrete Measures to Support Female Staff"
Being a female at the EPO is exceptionally hard
Production Freeze at the European Patent Office (Opposing Monarchy, Institutional Maladministration and Corruption)
Eight reasons to participate
Links 10/10/2026: Microsoft 'Open' 'AI' Silencing Critics, "Data Centres are the New Front Line in the Russia-Ukraine War"
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, October 09, 2026
IRC logs for Friday, October 09, 2026
Gemini Links 10/10/2026: Optimism, Stargazing, "Life Without Smartphone", and Fairphone 4
Links for the day
Gemini Links 09/10/2026: Manifesto, Slop, Geminispace, and "Cryptography of the Internet"
Links for the day
Betanews is Still a Slopfarm, Articles About "Linux" Are Fake and Plagiarism by LLMs
Cheaters and plagiarists aren't journalists; they're people who rip off and harm journalists
The Register MS Sponsored to Hype Up "Datacenters" and "AI" (Bubble, Pyramid Scheme)
"Sponsored by Cisco" with "AI" 26 times in this page
James Bottomley Has Promoted Microsoft-Controlled Restricted ('Secure') Boot, His Blog Has Just Been Cracked
Does this meet IBM's and Microsoft's standards for "distinguished" (in security)?
Links 09/10/2026: "Internet Archive to Demo Wayback Machine at Friday’s Uniqlo Street Festival", France Wages Censorship War via DNS
Links for the day
Controlled Opposition
The underlying concept is hardly new
More Stallmans
We need more Stallmans, we don't need to change Stallman
SUEPO Munich (EPO Staff Union in the Main Headquarters) Opposes Monarchy ('Cocaine King' Campinos), Plans Online Meeting Next Week
They may have about 1,000 workers joining in
World Mental Health Day is Tomorrow and EPO Staff Talks About What the Job Does to Workers
In recent years we've written a great deal about mental health consideration in relation to work, with a focus on "IT"
GNU/Linux Flirts With 20% "Market Share" in North America Overnight
Who should we trust on GNU/Linux? Microsofters on an armchair or Cloudflare Radar?
You Definitely Do NOT Wish to Live Close to a Datacentre
put aside for a moment the noise, the pollution...
New Site Makes the Case Against Adoption of Omarchy, But Focuses Almost Entirely on Politics
Let's examine what the page says and what points it focuses on
Brigading Against Women - Part XXIV - Nobody's Name is Unspeakable
Names are not sacred
Microsoft is in Trouble (With the Regime It Sponsored)
It seems like Microsoft paying the existing regime/dictatorship wasn't enough
GGG Pot Calls the Kettle Black
"It means a situation in which somebody accuses someone else of a fault which the accuser shares, and therefore is an example of psychological projection, or hypocrisy. Use of the expression to discredit or deflect a claim of wrongdoing by attacking the originator of the claim for their own similar behaviour (rather than acknowledging the guilt of both) is the tu quoque logical fallacy."
In the United Kingdom, Rising Cost of Hardware Benefits GNU/Linux
GNU/Linux rose from about 4% to almost 6% in one year
Japanese Targets of Cyber Breaches or Insider Threats
Japanese government bureau and major firms experience data breaches
Gemini Links 09/10/2026: Optimism, Stargazing, and Solar MiniServer
Links for the day
The Microsoft Ban Should Go Further (Telecommunications Cybersecurity and Resilience Act Incompatible With Back Doors)
it's not difficult to see where to start
When Americans Export a 'Suicide Mission' to Other Continents
I worry that this culture of debt-taking and overconsumption is being spread from the US to Europe
The Register MS: "AI" Several Times in Same Headline, 31 Times in Page. The Register MS Was Paid to Do This.
The phenomenon is commercial (paid media), not scientific
The Outcome of Microsoft Ban Was Predictable
told you so
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, October 08, 2026
IRC logs for Thursday, October 08, 2026
Gemini Links 08/10/2026: Economical Thrashing, How I Killed the Earth, and Thoughts on Gemini
Links for the day
Links 08/10/2026: Wikimedia Bemoans Chaffbot Slop (Bots Sold as 'Agents') That Sabotage It, ICC's Taliban Warrants
Links for the day
Links 08/10/2026: Slop Scammers (Pushers) Inflate Hosting Bills and "YouTube Testing Everything"
Links for the day
The Register MS Helps Prove the "AI" Frenzy in the Media is Evidence of Compromised Media, Not Legitimate "Revolution"
Ignore the hype and carry on
London Became Synonymous With the Royal Courts of Justice
London used to be a place where we go on holiday/retreat/break; nowadays we have only one destination there
Microsoft Insiders on "Effectively Being Silently Laid Off From Microsoft"
People are laid off by the thousands without the media uttering a word or the companies confirming anything
Brigading Against Women - Part XXIII - Extremism in the Mix and Getting the Police Involved
In 2012 I was getting heckled a lot for opposing back doors in Linux; it has not stopped since
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, October 07, 2026
IRC logs for Wednesday, October 07, 2026